NO RULE OF LAW IN SWAZILAND

The European Union Ambassador to Swaziland Nicola Bellomo has severely criticised the legal system in the kingdom ruled by autocratic monarch King Mswati III. He said even a child could be made a judge.

Bellomo who is soon to leave Swaziland told the Nation Magazine the rule of law did not prevail in Swaziland.

The Nation, an independent magazine of comment in a kingdom where censorship and self-censorship is rife, reported (August 2017), ‘The judiciary in this country has yet to find its footing and earn the respect it once had. It is a mess, right now. But, at least, there’s an acknowledgement that there is still a lot of work to do to get the country's judicial system on the right track. A country that has the kind of judicial system we have, where even a child can become a judge, cannot attract investment.’

The Nation called Bellomo’s comments ‘a scathing attack at the judiciary’.

The magazine reported Bellomo saying, ‘On the rule of law, there are structural problems beyond the political issues. If you have courts with ten judges who can hardly meet the expectations of the country, then you have structural issues. 

‘Then of course you have issues with the judges, like the one who was allowed to sit on the bench and yet did not qualify. That is something shocking for a rule of law country.’

Bellomo is not the first to draw attention to Swaziland’s broken legal system. In February 2016, the International Commission of Jurists (ICJ) reported King Mswati III’s absolute monarchy in Swaziland ‘ultimately is incompatible with a society based on the rule of law’

The report, Justice Locked Out: Swaziland’s Rule of Law Crisis, called on Swaziland’s Constitution to be amended to bring it in line ‘with regional and universal international law and standards, in particular on the separation of powers and respect for judicial independence.’

An international mission investigated Swaziland following the attempted arrest and the impeachment of former Chief Justice Michael Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe, two High Court judges Mpendulo Simelane and Jacobus Annandale and High Court Registrar Fikile Nhlabatsi in April 2015. 

The report stated the judicial crisis was ‘part of a worrying trend of repeated interference by the Executive and of the Judiciary’s inability to defend its independence, exacerbated by apparent strife within the ruling authorities of Swaziland.  

‘Swaziland’s Constitution, while providing for judicial independence in principle, does not contain the necessary safeguards to guarantee it. Overall, the legislative and regulatory framework falls short of international law and standards, including African regional standards.’

It added, ‘The mission found that some members of the Judiciary have exercised their mandate with a lack of integrity and professionalism. In particular, former Chief Justice Ramodibedi failed to protect and defend the institutional independence of the Judiciary, and played a reprehensible role in undermining both the institutional independence of the Judiciary and that of individual judges in Swaziland. 

‘He also presided over, or was involved in the case allocation of, legal proceedings in which he had a personal interest or in which he acted at the apparent behest of members of the Executive, further undermining the independence and impartiality of the Judiciary.  

‘Based upon its independent research, including its consultations with various stakeholders, the fact-finding mission determined that this latest crisis has served to expose already existing divisions within and between the Judiciary and the Executive.  The consequence has been an abuse of the justice system to settle political scores, further damaging the independence of the Judiciary in the process.  

‘Overall, the events that triggered the international fact-finding mission are both a reflection of a systemic crisis and potentially a contributing factor to its deepening further. In light of its findings, this report includes the fact-finding mission’s recommendations for reform to the Crown, Executive and Legislature, the Judiciary, the legal profession, the international community and civil society, which it considers will strengthen the rule of law, respect for human rights and access to justice and effective remedies in the Kingdom of Swaziland.’

See also

JURISTS: DEEP FLAWS IN LEGAL SYSTEM

http://swazimedia.blogspot.com/2015/05/jurists-deep-flaws-in-justice-system.html

SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW

http://swazimedia.blogspot.com/2015/05/judicial-crisis-kings-word-is-law.html

 

SWAZI JUDICIAL CRISIS: FULL CHARGES

http://swazimedia.blogspot.com/2015/04/swazi-judicial-crisis-full-charges.html

‘NO RULE OF LAW WITH ABSOLUTE KING’

King Mswati III’s absolute monarchy in Swaziland ‘ultimately is incompatible with a society based on the rule of law’, a report into the kingdom’s judicial crisis has concluded.

Swaziland’s Constitution must be amended to bring it in line ‘with regional and universal international law and standards, in particular on the separation of powers and respect for judicial independence,’ the report called Justice Locked Out: Swaziland’s Rule of Law Crisis said.

It was published by the International Commission of Jurists on 18 February 2016.

An international mission investigated Swaziland following the attempted arrest and the impeachment of former Chief Justice Michael Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe, two High Court judges Mpendulo Simelane and Jacobus Annandale and High Court Registrar Fikile Nhlabatsi in April 2015. 

The report stated the judicial crisis was ‘part of a worrying trend of repeated interference by the Executive and of the Judiciary’s inability to defend its independence, exacerbated by apparent strife within the ruling authorities of Swaziland.  

‘Swaziland’s Constitution, while providing for judicial independence in principle, does not contain the necessary safeguards to guarantee it. Overall, the legislative and regulatory framework falls short of international law and standards, including African regional standards.’

It added, ‘The mission found that some members of the Judiciary have exercised their mandate with a lack of integrity and professionalism. In particular, former Chief Justice Ramodibedi failed to protect and defend the institutional independence of the Judiciary, and played a reprehensible role in undermining both the institutional independence of the Judiciary and that of individual judges in Swaziland. 

‘He also presided over, or was involved in the case allocation of, legal proceedings in which he had a personal interest or in which he acted at the apparent behest of members of the Executive, further undermining the independence and impartiality of the Judiciary.  

‘Based upon its independent research, including its consultations with various stakeholders, the fact-finding mission determined that this latest crisis has served to expose already existing divisions within and between the Judiciary and the Executive.  The consequence has been an abuse of the justice system to settle political scores, further damaging the independence of the Judiciary in the process.  

‘Overall, the events that triggered the international fact-finding mission are both a reflection of a systemic crisis and potentially a contributing factor to its deepening further. In light of its findings, this report includes the fact-finding mission’s recommendations for reform to the Crown, Executive and Legislature, the Judiciary, the legal profession, the international community and civil society, which it considers will strengthen the rule of law, respect for human rights and access to justice and effective remedies in the Kingdom of Swaziland.’

See also

JURISTS: DEEP FLAWS IN LEGAL SYSTEM

http://swazimedia.blogspot.com/2015/05/jurists-deep-flaws-in-justice-system.html

SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW

http://swazimedia.blogspot.com/2015/05/judicial-crisis-kings-word-is-law.html

 

SWAZI JUDICIAL CRISIS: FULL CHARGES

http://swazimedia.blogspot.com/2015/04/swazi-judicial-crisis-full-charges.html

‘SWAZI EX-JUSTICE MINISTER TOOK BRIBE’

Sibusiso Shongwe took a bribe when he was still Swaziland’s Justice Minister and he tried to entice a High Court Judge and the Chief Justice Michael Ramodibedi to also take bribes, a top Swazi judge and a senior judicial officer have testified under oath.

Their evidence was given at the Judicial Service Commission (JSC) hearing into Chief Justice Ramodibedi’s alleged misuse of power. 

Evidence from suspended High Court Judge Mpendulo Simelane and High Court Registrar Fikile Nhlabatsi was presented to the JSC hearing on Tuesday (9 June 2015). Ramodibedi was charged with three counts of misuse of office. He did not appear at the hearing and his side of the story was not given. 

The case was concluded in his absence. King Mswati III, Swaziland’s absolute monarch, will decide what happens next.

The alleged bribery concerned a case involving Impunzi Wholesalers and the Swaziland Revenue Authority (SRA). The SRA demanded Impunzi paid about E10m (US$1 million) duty for goods imported from China. It said Impunzi has been declaring the goods at US$1.50 per item instead of US$14.50 thereby cheating the SRA of millions of Emalangeni. 

According to an account published in the Observer Sunday, a newspaper in effect owned by King Mswati III, ‘Suspended Judge Mpendulo Simelane has revealed how Shongwe summoned him to his home early in the morning, where he told him of wealthy businessmen operating Impunzi Wholesalers who were willing to pay out E2m [US$200,000] if they were helped to win the case against SRA.

‘Mpendulo said the ex-minster promised him a cut of E200,000 if he agreed to preside over the matter and that the chief justice would get a share of E500,000 while Shongwe would keep the remaining E1.3m.

‘The judge said he refused to be part of the scheme, citing religious convictions and legal ethics as his reasons.

‘“I told him that I do not accept bribes and that this borders on corruption. He further told me that he had discussed the matter with the Chief Justice and that he should allocate the case to me. I refused the offer and left his house and proceeded to work,” said Simelane in his affidavit submitted to the Judicial Service Commission.’

The newspaper added, ‘Moments later, Simelane was called by Ramodibedi who told him he had been allocated the Impunzi case but he claims to have politely turned the CJ down by citing a congested diary. The case was eventually allocated to Principal Judge Stanley Maphalala – something that did not go down well with the former minister, who feared that the judge would not give the ruling he desired.’

The newspaper reported Swazi High Court Registrar Nhlabatsi said she was summoned to Shongwe’s law firm offices at Eveni, where he found him with two Chinese nationals and they were talking about the Impunzi case.

The newspaper reported, ‘She said she was ordered to ask the judge to finalise the matter pronto but when the judge issued his ruling, it was in favour of SRA – as feared by Shongwe.

‘The matter then went to appeal and that is where the scales were swayed to favour Impunzi.

‘First, Simelane was illegally sworn in as acting judge of the Supreme Court so as to preside over the matter together with Ramodibedi and current acting CJ Bheki Maphalala.

‘The first hearing of the matter was postponed and when it returned, Simelane had been replaced with Judge Jacobus Annandale.

‘Ramodibedi, who the minister said stood to benefit E500 000 if Impunzi won, was now part of those to decide the matter.

‘Indeed, Impunzi won the case and it later emerged that E2 million had been deposited into a trust account of Shongwe’s law firm and he was the sole signatory of the account. The money was deposited into the trust account on December 17 and 19, 2014 in two separate amounts of E1 million cash. 

‘The dates show that the first deposit was made a day before the matter was due to be heard by the High Court, where Shongwe and Ramodibedi intended for Simelane to preside over it.

‘When the E2m was uncovered by the Anti-Corruption Commission (ACC), which then sought an arrest warrant for Shongwe, Ramodibedi blocked every attempt to have the ex-minister arrested.

‘He said “an arrest cannot be done against His Majesty’s sitting minister without proper clearance”, and ordered that no other judge should deal with the matter without his authorisation.

‘It was also claimed that the money belonged to clients of Shongwe’ law firm, but it later emerged that he had used part of it to settle personal financial obligations such as paying for household furniture.

‘Seeing the net hovering above him, Shongwe tried to pay an amount of E900,000, from the E2m, to the SRA, allegedly on behalf of Impunzi but the SRA was advised by the ACC not to dare touch that money because it was under investigation.

‘Despite the CJ’s efforts, Shongwe was eventually arrested and is currently languishing in prison facing two counts; one of refusing to divulge information to the ACC about money deposited into his law firm’s account and also the theft of a file at the High Court. He was charged with contravening the Corruption Act.’

See also

CHIEF JUSTICE RUNS TO SUPREME COURT

http://swazimedia.blogspot.co.uk/2015/06/chief-justice-runs-to-supreme-court.html

 

CHIEF JUSTICE CASE HEARD IN HIS ABSENCE

http://swazimedia.blogspot.co.uk/2015/06/chief-justice-case-heard-in-his-absence.html

SWAZI CHIEF JUSTICE FIGHTS FOR HIS JOB

http://swazimedia.blogspot.co.uk/2015/06/swazi-chief-justice-fights-for-his-job.html            

JUDGES, REGISTRAR BAILED; MINISTER NOT

After spending three days in police cells, two High Court judges and the Registrar of the High Court were granted E50,000 (US$5,000) bail each on Thursday (23 April 2015), in the latest move in Swaziland’s ongoing judicial crisis.

The judges were Mpendulo Simelane and Jacobus Annandale. The Registrar was Fikile Nhlabatsi. Their bail applications were opposed by the Crown.

The just-dismissed Minister of Justice and Constitutional Affairs, Sibusiso Shongwe was not granted bail and was remanded to Sidwashini correctional facility.

High Court Judge Qinisile Mabuza said he was a flight risk and he was likely to interfere with witnesses if he were released on bail.

All four face a series of charges relating to the administration of justice in the kingdom, ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch. The judges and the minister were personally appointed by the King to their offices.

The Kingdom’s Chief Justice Michael Ramodibedi, who was also appointed by King Mswati, has been resisting arrest at his home, after a warrant was issued against him on Friday (17 April 2015).

See also

SWAZI JUDICIAL CRISIS: FULL CHARGES

http://swazimedia.blogspot.com/2015/04/swazi-judicial-crisis-full-charges.html

 

SWAZI MINISTER OF JUSTICE ARRESTED

http://swazimedia.blogspot.com/2015/04/swazi-minister-of-justice-arrested.html

CJ HAS HISTORY OF ABUSE OF POWER

http://swazimedia.blogspot.com/2015/04/cj-has-history-of-abuse-of-power.html

 

CJ BID TO CANCEL OWN ARREST WARRANT

http://swazimedia.blogspot.com/2015/04/cj-bid-to-cancel-own-arrest-warrant.html

 

ARREST WARRANT FOR CHIEF JUSTICE

http://swazimedia.blogspot.com/2015/04/arrest-warrant-for-chief-justice.html

 

CJ AND JAILED JOURNALISTS

http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html

SWAZI JUDICIAL CRISIS: FULL CHARGES

The judicial crisis in Swaziland continued on Wednesday (22 April 2015) as formal charges against the Chief Justice, two High Court Judges, the High Court Registrar and the just-sacked Minister of Justice and Constitutional Affairs were revealed.

The accused are: Chief Justice Michael Ramodibedi, Judge Mpendulo Simelane, Judge Jacobus Annandale, Fikile Nhlabatsi (High Court Registrar) and Sibusiso Shongwe (Justice Minister).

The full list of charges was published in the Swazi Observer, a newspaper in effect owned by King Mswati III, who is sub-Saharan Africa’s last absolute monarch, on Wednesday (23 April 2015).

1. Michael Mathealira Ramodibedi (Chief Justice)

2. Mpendulo Simeon Simelane (High Court judge)

3. Jacobus P. Annandale (High Court judge)

4. Fikile Nhlabatsi (High Court Registrar)

COUNT 1 (Accused 1, 2, 3 and 4)

The accused are guilty of contravening Section 33 (1) (b) read with subsections (2) (a) (i), (b) (i), (c) and (d) together with Section 35 (2) of the Prevention of Corruption Act No. 3 of 2006.

In that upon or about April 18, 2015 and at or near Mbabane in the Hhohho region, the said accused acting individually and/or jointly and in furtherance of a common purpose and being judicial officers did unlawfully demand and/or accept and/or agree and/or offer to accept an advantage from one another for the benefit of either one or more of them; and through their illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or performance of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement to one another to give an order in favour of one or more of them and thus did thereby contravene provisions of the said Act.

Alternatively

The accused are guilty of contravening Section 42 (1) (b) as read with subsections (2) (a) (i), (b) (i) and (ii), (c) and (d) together with Section 35 (1) of the Prevention of Corruption Act No.3 of 2006.

In that upon or about April 18, 2005 and at or near Mbabane in the Hhohho region, the said accused acting individually and/or jointly and in furtherance of a common purpose the said accused did unlawfully demand and/or accept and/or agree and/or offer to accept an advantage from one another for the benefit of either one or more of them; through their illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or performance of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement to one another to given an order in favour of one or more of them and thus did thereby contravene the provisions of the said Act.

COUNT 2 (Accused 1 and 2)

DEFEATING OR OBSTRUCTING THE COURSE OF JUSTICE

In that whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015, where Justice SB Maphalala (PJ) had issued an order for the arrest of them. The accused had full knowledge of the existence of the said order. The said accused acting individually and/or jointly and in furtherance of a common purpose did on or about April 18, 2015, in the Hhohho region, unlawfully and with the intent to defeat or obstruct the course of justice, the accused acting individually and/or jointly conspired in the furtherance of a common purpose, purported that Accused No.1 in consultation with Accused No.4, allocated the matter to Accused No.3, for the rescission of the order issued by Justice SB Maphalala (PJ) with all the accused’s full knowledge of their respective positions, in particular that Accused No.3 had no power to overrule an order of this nature that had been issued by a principal judge in the same jurisdiction and that Accused No.s 1 and 2 were suspects in the matter. The said rescission of the order purportedly issued by Accused No.3, in the residence of Accused No.1, would result in a favourable outcome to Accused No.s 1 and 2 and in the premises the said accused did commit the crime of defeating and obstructing the course of justice.

1 Michael Mathealira Ramodibedi

2 Mpendulo Simeon Simelane

3 Fikile Nhlabatsi

COUNT 1

The accused are guilty of contravening Section 33 (1) (b) read with subsections (2) (a) (i), (b) (i), (c) and (d) together with Section 35 (2) of the Prevention of Corruption Act No. 3 of 2006.

In that upon or during the period between April 2013 and February 2015 and at or near Mbabane in the Hhohho region, the said accused acting individually and/or jointly and in furtherance of a common purpose and in being judicial officers did unlawfully demand and/or accept and/or agree and/or offer to accept an advantage from one another for the benefit of either one or more of them; and through their illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or performance of their respective judicial functions amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement to one another resulting in a judgment in favour of one or more of them and thus did thereby contravene the provisions of the said Act.

Alternatively

The accused are guilty of contravening Section 42 (1) (b) as read with subsections (2) (a) (i), (b) (i) and (ii), (c) and (d) together with Section 35 (1) of the Prevention of Corruption Act No.3 of 2006.

In that upon or about the April 2013 and February 2015 and at or near Mbabane in the Hhohho region, the said accused acting individually and/or jointly and in furtherance of a common purpose the said accused did unlawfully demand and/or accept and/or agree and/or offer to accept an advantage from one another for the benefit of either one or more of them; and through their illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or performance of their respective judicial functions amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement to one another to give a judgment in favour of one or more of them and thus did thereby contravene the said Act.

COUNT 2 (Accused 1 and 2)

DEFEATING OR OBSTRUCTING THE COURSE OF JUSTICE

In that whereas Accused No.1 and 2 was a party to a matter filed in the High Court between himself and SRA (Civil Case No. 785/2015), and whereas both Accused 1 and 2 knew of the earlier involvement and position of Acccused 2 in the said matter. The said accused acting individually and/or jointly and in furtherance of a common purpose did on or about February 2015, unlawfully and with the intent to defeat or obstruct the course of justice, allocate and/or preside over the matter with both accused’s knowledge of their similar position and view that Accused No.2 was entitled to a favourable outcome in the matter which was yet to be tried in court as aforesaid and whereas when the matter was finalized, Accused No.2 inevitably delivered a judgment in favour of Accused No.1 and in the premises the said accused did commit the crime of defeating and obstructing the course of justice.

1 Michael Mathealira Ramodibedi

2 Fikile Nhlabatsi

3 Sibusiso Shongwe

COUNT 1 

DEFEATING OR OBSTRUCTING THE COURSE OF JUSTICE

In that whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015, and High Court Case No.173/2015. Accused No.1 had presided over that matter. Accused No.2 had provided administrative support in those proceedings. Now, therefore, the Accused No.s 1 and 2 acting individually and/or jointly and in furtherance of a common purpose did on or about April 17, 2015, in the Hhohho region, unlawfully and with the intent to defeat or obstruct the course of justice, steal the said warrant of arrest application proceedings High Court file and handed it over to Accused No.3 and in so doing the said accused did commit the crime of defeating and obstructing the course of justice.

COUNT 2: THEFT

Whereas upon or about April 17, 2015 and at or near Mbabane in the Hhohho region, the accused, each or all of them acting individually and/or jointly and in furtherance of a common purpose did unlawfully and intentionally steal the warrant of arrest application proceedings file that was in custody of Accused No.s 1 and 2, under High Court Case No. 173/2015 whereas Accused No.3 was a suspect.

And whereas the accused had the intention of permanently depriving the High Court of Swaziland and/or the Swaziland Government of the ownership of the above mentioned copy of the record; and thus the accused persons are guilty of the crime of theft.

See also

SWAZI MINISTER OF JUSTICE ARRESTED

http://swazimedia.blogspot.com/2015/04/swazi-minister-of-justice-arrested.html

CJ HAS HISTORY OF ABUSE OF POWER

http://swazimedia.blogspot.com/2015/04/cj-has-history-of-abuse-of-power.html

 

CJ BID TO CANCEL OWN ARREST WARRANT

http://swazimedia.blogspot.com/2015/04/cj-bid-to-cancel-own-arrest-warrant.html

 

ARREST WARRANT FOR CHIEF JUSTICE

http://swazimedia.blogspot.com/2015/04/arrest-warrant-for-chief-justice.html

 

CJ AND JAILED JOURNALISTS

http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html

SWAZI JUDICIAL CRISIS: FOUR IN COURT

Two Swaziland High Court judges, the fired Minister of Justice and the High Court Registrar appeared in Mbabane Magistrates Court on Tuesday (21 April 2015) on various charges relating to the on-going judicial crisis in the kingdom.

The accused are High Court Judge Jacobus Annandale; Minister of Justice and Constitutional Affairs Sibusiso Shongwe; High Court Judge Mpendulo Simelane; and High Court Registrar Fikile Nhlabatsi. 

Shongwe had been fired from his Cabinet post on Tuesday following his arrest. 

The accused faced different charges. The Swazi Observer, a newspaper in effect owned by King Mswati III, sub-Saharan Africa’s last absolute monarch, reported the court proceedings in its edition on Wednesday (22 April 2015).

It said, ‘They were charged differently so they made their way into the accused dock in groups. The first to take to the dock were Minister Shongwe and Nhlabatsi, who are both charged together with the elusive Chief Justice Michael Ramodibedi.’

Ramodibedi reportedly faces 23 charges, including abuse of power. He has been resisting arrest at his home in Mbabane since a warrant was issued against him on Friday (17 April 2015).

The Observer continued, ‘In this charge, they are alleged to have stolen a court record with the warrant of arrest application against Shongwe.’

It added, ‘They were charged with obstructing the course of justice and theft.

‘The second duo to appear was Judge Mpendulo and the Registrar, who appeared in almost all the charges. They too, were charged together with the CJ for their involvement in the CJ versus SRA [Swaziland Revenue Authority] saga. They were charged with corruption and obstructing the course of justice.’

The SRA saga relates to the manner in which Ramodibedi received a gratuity. The Observer Saturday had previously reported that Simelane and Ramodibedi were charged with, ‘conflict of interest, defeating the ends of justice and abuse of power in that the Chief Justice Ramodibedi allocated his case of contesting his E128,000 [US$12,800] gratuity against the Swaziland Revenue Authority (SRA) to Justice Mpendulo Simelane in full knowledge that Judge Simelane in his then capacity as Registrar of the High Court, made written and oral representations on the chief justice’s behalf to the SRA.’ 

In its report on Wednesday, the Observer said, ‘The last to appear were Judge Annandale, Fikile and Judge Simelane. Here, the three were charged with the role they played in trying to rescind the warrants of arrest against the CJ and Judge Simelane.’ 

The four accused were remanded to the Mbabane police station cells, pending further police inquiries.

See also

SWAZI MINISTER OF JUSTICE ARRESTED

http://swazimedia.blogspot.com/2015/04/swazi-minister-of-justice-arrested.html

CJ HAS HISTORY OF ABUSE OF POWER

http://swazimedia.blogspot.com/2015/04/cj-has-history-of-abuse-of-power.html

 

CJ BID TO CANCEL OWN ARREST WARRANT

http://swazimedia.blogspot.com/2015/04/cj-bid-to-cancel-own-arrest-warrant.html

 

ARREST WARRANT FOR CHIEF JUSTICE

http://swazimedia.blogspot.com/2015/04/arrest-warrant-for-chief-justice.html

 

CJ AND JAILED JOURNALISTS

http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html

SWAZI JUDGES, LAW OFFICER ARRESTED

Swaziland High Court Judge Mpendulo Simelane and Judge Jacobus Annandale were both arrested Monday (20 April 2015) by the Anti-Corruption Commission (ACC) and officers from the Police Fraud and Commercial Crime Unit.

The Swaziland High Court Registrar Fikile Nhlabatsi was also arrested.

They face charges including defeating the ends of justice and conflict of interest.

They are all involved in the case involving Swaziland Chief Justice Michael Ramodibedi, who faces arrest on 23 charges, including abuse of power.

There was confusion on Monday (20 April 2015) about the status of the Chief Justice. An arrest warrant was issued on Friday and he has been holed up in his house in Mbabane since then. Usually well informed sources said on Monday that Ramodibedi had been arrested and taken to Mbabane Police Station.

This proved incorrect and the CJ remained in his house. Armed police and state riot police have been outside the house for several days. It is unclear why they have not entered the house by force. The police in Swaziland have a deserved reputation for smashing their way into houses of people they believe to be pro-democracy activists and arresting the occupants.

The Swazi Observer, a newspaper in effect owned by King Mswati III, the absolute monarch in Swaziland, reported on Tuesday (21 April 2015), ‘Judge Simelane was held for his part in the Chief Justice Michael Ramodibedi versus the Swaziland Revenue Authority (SRA) E128,000 (US$12,800) gratuity case. 

‘Simelane presided over the matter, where the CJ wanted his tax gratuity from the taxman and ruled in favour of his boss knowing very well that he (Simelane) was part of the CJ’s team which presented written and oral presentations whilst he was still the Registrar of the High Court. 

‘He refused to declare his interest and recuse himself in the matter.

‘The CJ eventually won the case with Judge Simelane ordering that SRA should refund the CJ his E128,000 plus interest. 

‘The SRA is currently appealing the decision by Judge Simelane at the Supreme Court.

‘He was rounded up by officials from the Anti-Corruption Commission yesterday morning. His warrant of arrest was issued by High Court Principal Judge Stanley Maphalala last Friday. It was issued together with that of his boss the Chief Justice Michael Ramodibedi.

‘Their act is said to have eroded the confidence of the public in the country’s justice system.

‘Simelane has only served a year and three months as a judge of the country’s highest court having been elected into the bench on February 14, 2014. Judge Simelane has been appointed into the Industrial Court Appeal Court and full benches at the High Court under controversial circumstances.

‘Annandale, a former acting chief justice, on the other hand is alleged to have been arrested for trying to rescind the warrant of arrest issued by Principal Judge Maphalala against Chief Justice Ramodibedi on Saturday.  

‘Justice Annandale’s act is said to have been both procedurally wrong and corrupt. 

‘He was also rounded up by the officials from the ACC together with officers from the Fraud and Commercial Crimes Unit at his home at Pine Valley yesterday morning.’

The newspaper said the High Court Registrar Fikile Nhlabatsi had also been arrested.

The newspaper reported, ‘Nhlabatsi is alleged to have waved a fake order rescinding the warrants of arrest against Chief Justice Michael Ramodibedi and Judge Mpendulo Simelane. The order was issued by High Court Judge Jacobus Annandale on Saturday.

‘She together with Annandale is facing charges of defeating the ends of justice for such an act.’

The arrested were expected to make appearances at the Mbabane Magistrate’s Court on Tuesday (21 April 2015).

See also

SWAZI MINISTER OF JUSTICE ARRESTED

http://swazimedia.blogspot.com/2015/04/swazi-minister-of-justice-arrested.html

 

ARREST WARRANT FOR CHIEF JUSTICE

http://swazimedia.blogspot.com/2015/04/arrest-warrant-for-chief-justice.html

 

CJ BID TO CANCEL OWN ARREST WARRANT

http://swazimedia.blogspot.com/2015/04/cj-bid-to-cancel-own-arrest-warrant.html

 

CJ HAS HISTORY OF ABUSE OF POWER

http://swazimedia.blogspot.com/2015/04/cj-has-history-of-abuse-of-power.html

 

CJ AND JAILED JOURNALISTS

http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html